Stuck in a Stressful Job Without a Signed Contract: Can I Leave Without Notice?

Hi,

I am Nandita. I was working in a finance firm for 2 years which I quit 3 weeks back. I got an offer from a bank which I took up. However, this job was under contract (third-party rolls) like my previous job.

Now, the issue is that since the 2 weeks I have joined, I have realized the work environment is not conducive to work in. There is no support from employees, too much work to even have time for lunch, and a boss who is very abusive. Due to some technical reasons from my HR department, the contract letter has not yet been handed over to me to be signed. Since the requirement was urgent, a short version was emailed to me, and the hard copy was to follow later. I just cannot adjust; it's affecting my health due to long hours and stress.

Meanwhile, I have another offer from a reputed company which is on the rolls of the company.

I have the following questions:

1) Since I have not yet signed the contract, am I supposed to give a notice period? As per the contract, it says 1 month notice. What is it in this case?

2) Am I also eligible to get my two weeks' salary? (In the two weeks, I have really given my sweat and blood.)

Please reply; your insights are valuable.

Hello Nandita,

My name is Basant, and I am working as an HR Analyst for an MNC. Point to be noted for your queries:

1. The good thing is that you have not signed the contract, and verbal communication doesn't matter.
2. Secondly, you are entitled to receive two weeks' salary, so I believe it is not an issue.

You can inform them that you are leaving the company due to health problems or other reasons. No company in India will force you unless there is a bond agreement in place. Based on your statement above, I believe the company does not have a conducive environment or a well-cultured atmosphere.

My name is Basant, and I am working as an HR Analyst for an MNC. Please note the following points for your queries.

The good thing is that you have not signed the contract, and verbal communication doesn't matter. Secondly, you are entitled to receive 2 weeks' salary, so I believe it is not an issue. You can inform them that you are leaving the company due to health problems or other reasons. No company in India will force you unless you are bound by an agreement. Based on your statement, I believe the company does not provide a conducive or well-cultured environment.

Do not be afraid of any misconceptions about HR or personnel management that you are bonded labor and cannot join another organization without a relieving letter or any other reason. All employees who are not satisfied with their employer's work culture and environment, which is abusive irrespective of whether a contract is signed or not, whether on probation, permanent, or temporary status of employment, have the liberty to leave any company anytime they wish.

Partho

Irrespective of contract signed or not?

Strong statement - care to relook at this once again. You cannot refute a signed legal agreement.

Hi Nandita,

As you have not signed a contract, one cannot force you to comply with something on that basis. If you have completed the joining formalities and have proof of your work there, the company must pay your salary.

Well Nandita, if you haven't signed the contract, then there is no need to give the said notice period. However, you will contradict this fact if the contract is not signed if you ask for salary for the two weeks you have served.

Thus, you need to decide whether you want to leave immediately without asking for the two weeks' salary or whether you want to leave after giving the notice period with salary paid for the days you have worked.

Regards, Aashnaa

Dear Nandhita,

I feel very sad about the things happening to you. As per my knowledge, you can resign from the job and accept the new position (with company payroll), since you have not signed any contract there should be no issue.

After resignation, be firm with them and collect the two weeks' salary. If your current employer rejects, then we will see the possibility.

Gentleman,

Labour is a free market; he can choose to resign and leave the organization even though he has not signed any contract or agreement. This employment contract or agreements have a limited liability of a notice period, whether expressed or not in the agreement, but it cannot violate Labour Laws. An employee is a commodity, and he cannot be treated as bonded labour under the same terms and conditions if he has a better offer of employment. Please refer to the Labour Law Journal and other case laws where the Supreme Court has given landmark judgments on these issues.

Partha

Hi Nandita,

Look, Nandita, since you have not signed the contract, it is not mandatory for you to give any notice period. Don't be so worried, kuch nahi hota hai yaar. Just chill. Don't worry about the salary; it will come automatically if you have given your account number to HR people.

Thanks,
Nilesh.

Hi Nandita,

No, you are not bound to give any notice period as you have not yet signed any formal appointment letter or agreement. For the same reason, you may not get any salary for these 20 days. Again, it's purely on ethical grounds if your current employer gives it to you. They should give you 20 days' salary, but they are not bound to do so. Moreover, as you will leave without giving any notice period, the chances of not getting the salary are higher.

My opinion is if you feel the new opportunity is much better (at least it seems so to me), opt for it.

Regards,
Megha

I agree to the fact that labor is a free market, but it's governed by rules and regulations. If it wasn't, then probably every job would have been contractual and not permanent. Employment contracts, though having limited liability, are binding and recognized by the court of law. All I am asking is to stick to the letter/agreement one has signed, and all falls into place. Any violation of the written/signed word/agreement can only cause unnecessary legal issues, which could have been avoided in the first place.

At a personal level, you can very well refute any agreements and walk away to bear the consequences, but try to restrain yourself while giving advice to others, especially juniors.

Hi Nandita,

I am Neeru, and I work as an HR Manager. Nandita, since the bond/agreement has not been signed by you or the other party, the legal obligations are zero for both. That means you can leave and join another company anytime you like as you have not signed the contract. Similarly, the people you are working for are free to not pay you a salary for two weeks. It is entirely at their discretion to give the salary or not.

Nandita, two weeks' salary doesn't matter when it comes to working under an abusive boss. I think you should join the other company as I believe it would be good for you. Take care.

Neeru

Hi Nandita,

First of all, you must be in a probation period, which means one day notice from either side. If you have an offer in hand, what are you waiting for? Anyway, you are on a contract in the present company. Lastly, they are bound to pay you salary, and if they try any mischief, just tell them that you will go to the Asst. Commissioner of Labour and lodge a complaint of unfair labor practices against them.

However, you should submit a letter of resignation and get the acknowledgment. Clearly state that you are in probation and as per law, you are giving them one day notice, and they should settle your account immediately.

Regards, Kamlesh Kanojia

Dear Nandita,

Now you have different solutions for your problem. Don't hesitate and make a strong decision. My suggestion is, if the new assignment is a good one with a better future, leave your present job and overlook the losses. This will definitely add value to you.

Best wishes for your new job.

Murugesh

Hi Nandita,

Everyone is supportive of you taking up the new job. Go for it!!! :-)

Megha

Thank you very much, everyone, for all your valuable suggestions and quick responses. You all have truly been a great support during this difficult period. I will try to adjust myself to the new situations for a few more days before I finally sign the contract. It really feels like I have a group of intelligent buddies to advise me on this platform! Thanks for the great help. :-P

Hi Nanditha,

If you are really happy with your new offer, then just quit the current organization because I think job satisfaction is more important than salary. If the current organization pays you for whatever period you worked, then it's well and good. Otherwise, just forget about it.

You can also check with the new company. If they can give you 15 days to join, then you can complete one month in the current organization, take your salary, inform them about your resignation, give them a genuine reason for resigning, and then leave.

Hi guys,

Thanks again for all your support. But I guess destiny has a say in life. The job offer that came to me didn't work out. As the person who had resigned, rejoined the organization. So they politely closed the position. So I am stuck with the same frustrating job. It's not the profile but the work culture. No training. If you try, then your boss taunts or abuses you. At least the consideration that I am a young lady just starting out her career. Though I have 2 years of work exp, it's just been 1 month in the current org. So now I am desperately looking out, but in the interview, what reason can I give to quit one's job in 1 month? I don't want to bad-mouth any person or any particular organization in a professional world. What to do?

Please help.